CASA 309/12 - Instructions - for approved use of P-RNAV procedures - Qantas A330-200/300

Overview

The Civil Aviation Regulations 1988, as amended, were enacted to regulate civil aviation in Australia and ensure the safety of air navigation. Specifically, this legislation provides the framework for the Governor-General to make regulations under Section 98 of the Civil Aviation Act 1988, with the Civil Aviation Safety Authority (CASA) having the authority to issue instructions regarding instrument flight rules, including navigation methods and positive position fixes. This instrument, introduced to ensure Qantas's specially equipped Airbus A330-200/300 aircraft can safely use precision area navigation (P-RNAV) procedures, requires compliance with detailed safety standards and procedures. The instrument mandates that Qantas adhere to specific operational and flight manuals, align with Joint Aviation Authorities' temporary guidance, and ensure airborne systems meet CASA-approved performance and functional criteria. Furthermore, the training program for flight crew and the provision of appropriate briefings and guidance materials are also stipulated. This instrument, a legislative instrument under the Legislative Instruments Act 2003, is subject to disallowance and tabling in the Parliament. It serves to renew a previous instrument, CASA 362/10, and does not engage any applicable human rights.

Scope and Application

The Civil Aviation Regulations 1988 Instructions, specifically CASA 309/12, pertain to the approved use of P-RNAV procedures for specially equipped Airbus A330-200/300 aircraft operated by Qantas Airways Limited. These instructions mandate the adherence to a set of safety standards and procedures outlined in Schedule 2, which ensure compliance with the requirements of P-RNAV procedures as detailed in the operations manual and flight manual. The aircraft must also meet the performance and functional certification criteria stipulated in the Joint Aviation Authorities' Temporary Guidance Leaflet No. 10. Additionally, the training programs for flight crew must align with the training program standards specified in the guidance leaflet, and crew members must be appropriately briefed as per the leaflet's section 10. The instrument applies nationally, as it is a legislative instrument subject to the Legislative Instruments Act 2003, and it is effective from 1 October 2012 until 31 July 2014. The instrument does not require consultation as it renews a previous one, CASA 362/10, and does not engage any human rights implications.

Key Provisions

The instrument pertains to Qantas Airways Limited's use of precision area navigation (P-RNAV) procedures for its specially equipped Airbus A330-200/300 aircraft. It outlines the requirements and safety standards the operator must adhere to, as stipulated in Schedule 2 of the instrument. These requirements include compliance with the operations and flight manuals, which must conform to the standards and procedures in sections 9 and 10 of Temporary Guidance Leaflet No. 10 issued by the Joint Aviation Authorities. The airborne systems in the aircraft must meet the performance and functional criteria outlined in sections 6 and 7 of the temporary guidance leaflet and must have been approved by CASA. The training program for flight crew using P-RNAV procedures must align with the standards mentioned in paragraph 10.5 of the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material as set out in section 10 of the leaflet. The obligations imposed by the instrument are multifaceted, requiring the operator to ensure that all P-RNAV procedures are conducted in areas where such procedures are authorised by the air safety authority or air navigation service provider. The operator must maintain compliance with the standards and procedures outlined in the operations manual and flight manual, which must adhere to the standards and procedures in the temporary guidance leaflet. Furthermore, the operator is required to notify CASA in writing within 14 days of ceasing to operate an aircraft listed in Schedule 1. The instrument also mandates that the airborne systems installed in the aircraft meet the certification criteria outlined in the temporary guidance leaflet and must have CASA's approval for use with P-RNAV procedures. Additionally, the training program for flight crew must comply with the standards mentioned in the temporary guidance leaflet, and crew members must receive appropriate briefings and guidance material. Failure to comply with the instrument's provisions can result in severe consequences. Under subregulation 179A(3A) of the Civil Aviation Regulations 1988 (CAR 1988), the instrument is a disallowable instrument and must be served on the person to whom it applies or published in a notice to airmen (NOTAMS) or an aeronautical information publication (AIP). According to the Legislative Instruments Act 2003, the instrument is a legislative instrument and is subject to tabling and disallowance in Parliament. Moreover, under subregulation 179A(2) of CAR 1988, the pilot in command of an aircraft must not fly it under instrument flight rules (IFR) if it is not equipped for navigation and to obtain positive position fixes in accordance with the instructions issued under subregulation 179A(1). Non-compliance with these provisions could lead to severe civil and criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach.